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SOUTHERN UNION MUTUAL INSURANCE CO. v. MINGLEDORFF

18861.

211 Ga. 514 (1955)

87 S.E.2d 54

SOUTHERN UNION MUTUAL INSURANCE CO. et al. v. MINGLEDORFF.

Supreme Court of Georgia.

Decided March 15, 1955.

Attorney(s) appearing for the Case

David R. Elmore, Bouhan, Lawrence, Williams & Levy, for plaintiffs in error.

Frank S. Cheatham, Jr., Luther H. Zeigler, contra.

CANDLER, Justice.

1. In a petition for injunction against the commission of a trespass on land, on the ground that it is continuing in character and the damages will be irreparable, it is essential for the plaintiff to allege title in himself or actual possession of the land at the time the alleged cause of action arose. Code § 105-1403; Chancey v. Johnson, 148 Ga. 87 (95 S. E. 975); Fender v. Gardner, 153 Ga. 460 (1) (112 S. E. 368...

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